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Since its inception in 1975, the Individuals with Disabilities Education Act (IDEA) has provided educational benefits to innumerable students with disabilities, including those in homeless situations. However, not all children who are homeless have been able to take full advantage of IDEA’s services and benefits. The current legislative reauthorization of IDEA proposes recomendations that will guarantee children in homeless situations complete access to the services and procedures outlined in the original legislation.
On September 16, 2003, Senators Patty Murray and Mike DeWine introduced legislation to ensure that homeless and foster children with disabilities have access to special education classes and services. The Improving Education for Homeless and Foster Children with Disabilities Act (IEHFCDA) would expand the Individuals with Disabilities Education Act to remove barriers to special education services for disabled children and youth who are homeless or in foster care. Over 100,000 of the 1.35 million children in homeless situations and more than 50,000 of the 500,000 in foster care are probably in need of special education services. Unfortunately, without a parental advocate or permanent residence, many of these children are overlooked or unaware of available resources.
The bi-partisan Murray-DeWine legislation submitted last year would amend IDEA to remove any remaining barriers to special education services for these children and youth.
IEHFCDA would ensure that;
- homeless and foster children receive special education and related services within established time limits;
- local education agencies (LEAs) improve strategies for delivering services to homeless children and youth with disabilities as designated in the McKinney-Vento Act;
- special education is available to and accessible by homeless unaccompanied youth;
- early intervention services are increased for infants and toddlers under 3 years old who are homeless or wards of the State (i.e., a child who is in the custody of a child welfare agency or who lives at home under protective supervision while under state care); and
- students can enjoy a measure of educational stability.
While IEHFCDA proposes only minor changes to the law, the revisions are essential to make certain that these disadvantaged children receive the services needed to achieve academic success.
The benefits to parents and children in homeless situation as well as to foster children are considerable. Because the amendments calls for prescribed time limits for assessment, children will no longer have to wait as long to receive special education and related services. The legislation would also ensure that local or state education agencies continue to implement each homeless or foster child’s Individualized Education Plan (IEP) until a new one has been developed. (The IEP, a formal written document that describes each child’s goals for services and outlines strategies for achieving them, is required for a child to receive special education and related services.) Furthermore, the definition of “parent” will be expanded to include a foster parent, adoptive parent, legal guardian, grandparent, step-grandparent, and legally designated adult—related or unrelated. This individual will serve as an advocate for the homeless or foster child in the absence of a biological parent, thus increasing the child’s access to special education services. The proposed changes would also foster early invention and evaluation of homeless infants and toddlers with disabilities as well as those who are wards of the State. Because the amendments seek to enforce compliance with the McKinney-Vento Homeless Assistance Act, special educational placements for students experiencing homelessness will significantly increase their chances for educational stability.
Mandates under the Murray-DeWine proposal will direct state agencies to include representatives for foster and homeless children on committees tasked with making decisions about special education and will charge LEAs with coordinating strategies for delivering services to homeless children and youth with disabilities. Under the new changes, state agencies will include at least one foster parent, one grandparent, officials from the agency responsible for homeless children, representatives from the child-welfare agency, and representatives of wards of the State (judges, attorneys, and court-appointed advocates in various policy committees).
The 2003 reauthorization of the Individuals with Disabilities Education Act represents a balanced effort on the part of legislators to protect the educational rights of children with disabilities and to provide a better IDEA for parents, teachers, school administrators, and school districts. Once ratified, the Improving Education for Homeless and Foster Children with Disabilities Act should usher in a new era of improved educational opportunities for disable children in homeless situation or in foster care as well as increased awareness and success for teachers and administrators.
Sources:
- www.olrs.ohio.govaspolrs_FSC_ImproveEdHomeless.asp
npach.org/naehcy04.htm
- www.aucd.org/legislative_affairs/s1248_staff_summary.pdf
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